12
AN ACT enacting the lead-based paint licensing and
certification and
13 child lead poisoning
prevention act; requiring licensure of business
14 entities and public
agencies; certification of persons who provide, en-
15 gage in or conduct
lead-based paint activities; accreditation of training
16 programs; prohibiting
certain acts; providing penalties for violations;
17 authorizing a
childhood lead poisoning prevention program.
18
19 Be it enacted by the Legislature of the
State of Kansas:
20 Section 1. This act
shall be known and may be cited as the lead-based
21 paint licensing and certification and
childhood lead poisoning prevention
22 act.
23 Sec. 2. As used in
this act:
24 (a) ``Abatement'' means
any measure or set of measures designed to
25 permanently eliminate lead-based paint
hazards as defined in the federal
26 program.
27 (b) ``Accredited
training program'' means a training program that has
28 been accredited by the federal program or
the secretary to present train-
29 ing courses to individuals engaged in
lead-based paint activities.
30 (c) ``Business entity''
means a company, partnership, corporation, sole
31 proprietorship, association or other
business concern.
32 (d) ``Certificate''
means an authorization issued by the secretary per-
33 mitting an individual to engage in
lead-based paint activities.
34 (e) ``Federal program''
means subpart L, lead-based paint activities
35 of 40 CFR part 745, as in effect on the
effective date of this act.
36 (f) ``Lead-based paint''
means paint or other surface coatings that
37 contain lead equal to or in excess of one
milligram per square centimeter
38 or more than .5% by weight.
39 (g) ``Lead-based paint
activities'' means the inspection, assessment
40 and abatement of lead-based paint,
including the disposal of waste gen-
41 erated therefrom.
42 (h) ``License'' means an
authorization issued by the secretary per-
43 mitting a business entity to engage in
lead-based paint activities.

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1 [(i) ``Public
agency'' means any state agency or political or tax-
2 ing subdivision of the state
and those federal departments, agencies
3 or instrumentalities thereof
which are not subject to preemption.]
4 (i)[(j)] ``Secretary'' means
the secretary of health and environment.
5 Sec. 3. (a) A
business entity or public agency shall not engage in a
6 lead-based paint activity unless the
business entity or public agency holds
7 a license issued by the secretary for
that purpose.
8 (b) Except as
otherwise provided in this act, no individual shall en-
9 gage in lead-based paint activities
unless the individual holds a certificate
10 issued by the secretary for that purpose.
In order to qualify for a certifi-
11 cate, an individual must have successfully
completed an accredited train-
12 ing program. An individual who owns or
resides in a residential dwelling
13 may perform lead-based paint activities
within such residential dwelling
14 even though such individual does not hold a
certificate for that purpose
15 under this act.
16 Sec. 4. The
secretary shall administer the provisions of this act. In
17 administering the provisions of this act,
the secretary may:
18 (a) Adopt rules and
regulations necessary for the administration of
19 this act including, but not limited to,
licensure of business entities and
20 public agencies
or[,] certification of individuals
and[,] accreditation of
21 training programs,
[project evaluationson-site inspectionsand]
22 requirements, procedures and standards
relating to lead-based paint ac-
23 tivities as are necessary to protect the
public health and safety;
24 (b) establish by rules
and regulations a reasonable schedule of fees
25 for the issuance and renewal of
certificates and licenses, training program
26 accreditations and project
evaluationson-site inspections. The fees
shall
27 be periodically increased or decreased
consistent with the need to cover
28 the direct and indirect costs to administer
the program. The fees shall be
29 based upon the amount of revenue determined
by the secretary to be
30 required for proper administration of the
provisions of this act;
31 (c) conduct on-site
inspections of procedures being utilized by a li-
32 censee during an actual abatement
project;
33 (d) develop and
distribute lead hazard information to owners and
34 occupants of housing who are planning to
conduct renovation activities
35 in housing; and
36 (e) develop and
implement a childhood lead poisoning prevention
37 program as necessary to protect the health
of the children of Kansas,
38 which may include provisions to:
39 (1) Investigate the
extent of childhood lead poisoning in Kansas;
40 (2) develop a data
management system designed to collect and ana-
41 lyze information on childhood lead
poisoning;
42 (3) develop and conduct
programs to educate health care providers
43 regarding the magnitude and severity of and
the necessary responses to

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1 lead poisoning in Kansas;
2 (4) issue
recommendations for the methods and intervals for blood
3 lead screening and testing of
children, taking into account recommen-
4 dations by the United States centers
for disease control and prevention
5 except that no child shall be
screened or tested if the child's parent or
6 guardian objects in writing that such
screening or testing is contrary to
7 the religious beliefs and practices
of the parent or guardian;
8 (5) develop and
issue health advisories urging health care providers
9 to conduct blood lead screening of
children;
10 (6) encourage health
care providers to ensure that parents and guard-
11 ians of children are advised of the
availability and advisability of screening
12 and testing for lead poisoning;
13 (7) develop a program to
assist local health departments in identifi-
14 cation and follow-up of cases of elevated
blood lead levels in children and
15 other high-risk individuals; and
16 (8) in consultation with
appropriate federal, state and local agencies,
17 develop a comprehensive public education
program regarding environ-
18 mental lead exposures and lead poisoning
by:
19 (A) Identifying
appropriate target groups that are in a position to
20 prevent lead poisoning or reduce the number
of children who are exposed
21 to lead;
22 (B) assessing the
information needed for each of the target groups
23 and determining the best means of educating
the members of each target
24 group; and
25 (C) disseminating the
information to the target groups and determin-
26 ing the best means of educating the members
of each target group.
27 Sec. 5. In order to
qualify for a license, a business entity or public
28 agency shall:
29 (a) Ensure that each
employee or agent of the business entity or pub-
30 lic agency who will engage in a lead-based
paint activity is certified;
31 (b) demonstrate to the
satisfaction of the secretary that the business
32 entity or public agency is capable of
complying with all requirements,
33 procedures and standards of the United
States environmental protection
34 agency, the United States occupational
safety and health administration
35 and the secretary, as applicable, to
lead-based paint activities;
36 (c) comply with all
rules and regulations adopted by the secretary
37 under this act; and
38 (d) allow
representatives of the secretary, after identification to enter
39 and inspect any property or premises at any
reasonable time for the pur-
40 pose of inspecting lead-based paint
activities as required in order to im-
41 plement provisions of this act.
42 Sec. 6. The
secretary shall remit all moneys received from the fees
43 established pursuant to this act to the
state treasurer at least monthly.

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1 Upon receipt of each remittance, the
state treasurer shall deposit the
2 entire amount thereof in the
lead-based paint hazard fee fund established
3 in section 7 and amendments
thereto.
4 Sec. 7. (a)
There is established in the state treasury the lead-based
5 paint hazard fee fund. Revenue from
the following sources shall be de-
6 posited in the state treasury and
credited to the fund:
7 (1) Fees collected
under this act for licensure and certification to
8 engage in lead-based paint
activities, accreditation of training programs
9 and fees for evaluation of abatement
projects;
10 (2) any moneys recovered
by the state under this act, including ad-
11 ministrative expenses, civil penalties and
moneys paid under any agree-
12 ment, stipulation or settlement;
13 (3) any moneys collected
or received from public or private grants
14 and from gifts and donations; and
15 (4) interest
attributable to investment of moneys in the fund.
16 (b) Moneys deposited in
the fund shall be expended only for the
17 purpose of administering the Kansas
lead-based paint licensing and cer-
18 tification and childhood lead poisoning
prevention act and for no other
19 governmental purposes.
20 (c) On or before the
10th day of each month, the director of accounts
21 and reports shall transfer from the state
general fund to the lead-based
22 paint hazard fee fund interest earnings
based on:
23 (1) The average daily
balance of moneys in the lead-based paint haz-
24 ard fee fund for the preceding month;
and
25 (2) the net earnings
rate of the pooled money investment portfolio
26 for the preceding month.
27 (d) All expenditures
from the fund shall be made in accordance with
28 appropriation acts upon warrants of the
director of accounts and reports
29 issued pursuant to vouchers approved by the
secretary for the purposes
30 set forth in this section.
31 Sec. 8. (a) The
secretary may refuse to issue a license or may suspend
32 or revoke any license issued under this act
if the secretary finds, after
33 notice and hearing conducted in accordance
with the provisions of the
34 Kansas administrative procedure act, that
the applicant or licensee has:
35 (1) Fraudulently or
deceptively obtained or attempted to obtain a
36 license;
37 (2) failed at any time
to meet the qualifications for a license or to
38 comply with any rules and regulations
adopted by the secretary under
39 this act;
40 (3) failed at any time
to meet any applicable federal or state standard
41 for lead-based paint activities; or
42 (4) employed or
permitted an uncertified individual to work on a
43 lead-based paint activity.

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1 (b) The secretary
may refuse to issue a certificate or may suspend or
2 revoke any certificate issued under
this act if the secretary finds, after
3 notice and hearing conducted in
accordance with the provisions of the
4 Kansas administrative procedure act,
that the applicant for certificate or
5 certificate holder has:
6 (1) Fraudulently
or deceptively obtained or attempted to obtain a
7 certificate; or
8 (2) failed at any
time to meet qualifications for a certificate or to
9 comply with any provision or
requirement of this act or any rules and
10 regulations adopted by the secretary under
this act.
11 (c) The secretary may
deny, suspend or revoke any accreditation of
12 a training program under this act if the
secretary finds, after notice and
13 hearing conducted in accordance with the
provisions of the Kansas ad-
14 ministrative procedure act, that the
applicant for training program ac-
15 creditation or training provider has:
16 (1) Fraudulently or
deceptively obtained or attempted to obtain ac-
17 creditation of a training program;
18 (2) failed at any time
to meet the qualifications to obtain accreditation
19 of a training program or to comply with any
rules and regulations adopted
20 by the secretary under this act;
21 (3) failed to maintain
or provide information on training programs;
22 or
23 (4) falsified
information, accreditation or approval records, instructor
24 qualification information or other
accreditation or approval information
25 required to be submitted by the
secretary.
26 (d) Any individual,
business entity or accredited training program ag-
27 grieved by a decision or order of the
secretary may appeal the order or
28 decision in accordance with the provisions
of the act for judicial review
29 and civil enforcement of agency
actions.
30 (e) (1) If the
secretary finds that the public health or safety is en-
31 dangered by the continuation of an
abatement project, the secretary may
32 temporarily suspend, without notice or
hearing in accordance with the
33 emergency adjudication procedures of the
provisions of the Kansas ad-
34 ministrative procedure act, the license of
the business entity or public
35 agency or the certificate of any person
engaging in such abatement pro-
36 ject.
37 (2) In no case shall a
temporary suspension of a license or certificate
38 under this section be in effect for a
period of time in excess of 90 days.
39 At the end of such period of time, the
license or certificate shall be re-
40 instated unless the secretary has suspended
or revoked the license or
41 certificate, after notice and hearing in
accordance with the provisions of
42 this act, or the license has expired as
otherwise provided under this act.
43 Sec. 9. Any
individual, business entity, public agency or accredited

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1 training program which willfully
violates any provision of this act or any
2 rules and regulations adopted under
this act is guilty:
3 (a) For a first
offense, of a class C misdemeanor; and
4 (b) for a second
offense or subsequent offense of a class B misde-
5 meanor.
6 Sec. 10. (a)
Any individual, business entity, accredited training pro-
7 gram or public agency who violates
any provision of this act or any rules
8 and regulations adopted under this
act, in addition to any other penalty
9 provided by law, may incur a civil
penalty imposed under subsection (b)
10 in an amount not to exceed $5,000 for each
violation and, in the case of
11 a continuing violation, every day such
violation continues shall be deemed
12 a separate violation.
13 (b) The secretary, upon
finding that any individual, business entity,
14 accredited training program or public
agency has violated any provision
15 of this act or any rules and regulations
adopted under this act, may impose
16 a civil penalty within the limits provided
in this section upon such indi-
17 vidual, business entity, accredited
training program or public agency
18 which civil penalty shall be in an amount
to constitute an actual and
19 substantial economic deterrent to the
violation for which the civil penalty
20 is assessed.
21 (c) The secretary, upon
finding that an individual, business entity,
22 accredited training program or public
agency has violated any provision
23 of this act or rules and regulations
adopted under this act, may issue an
24 order finding such individual, business
entity, accredited training program
25 or public agency in violation of this act
and directing the individual, busi-
26 ness entity, accredited training program or
public agency to take such
27 action as necessary to correct the
violation.
28 (d) No civil penalty
shall be imposed under this section except upon
29 the written order of the secretary after
notification and hearing, if a hear-
30 ing is requested, in accordance with the
provisions of the Kansas admin-
31 istrative procedure act.
32 (e) Any individual,
business entity, accredited training program or
33 public agency aggrieved by an order of the
secretary made under this
34 section may appeal such order to the
district court in the manner provided
35 by the act for judicial review and civil
enforcement of agency actions. An
36 appeal to the district court or
to an appellate court shall not stay the
37 payment of the civil penalty. If
the court sustains the appeal, the secretary
38 shall refund the payment of any
civil penalty to the business entity with
39 interest at the rate established
by K.S.A. 16-204 and amendments thereto
40 from the date of payment of the
penalty.
41 (f) Any penalty
recovered pursuant to the provisions of this section
42 shall be remitted to the state treasurer
and deposited in the lead-based
43 paint hazard fee fund.

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1
Sec. 11. Notwithstanding any other remedy and in addition
to any
2 other remedy, the secretary may
maintain, in the manner provided by the
3 act for judicial review and civil
enforcement of agency actions, an action
4 in the name of the state of Kansas
for injunction or other process against
5 any business entity [or
individual] to restrain or prevent any violation
6 of the provisions of this act or of
any rules and regulations adopted under
7 this act.
8
Sec. 12. Licensure, certification or training program
accreditation for
9 a business entity, public agency or
individual who engages in lead-based
10 paint activities shall not be required
until such time as the secretary
11 adopts rules and regulations to implement
the provisions of this act.
12 Sec. 13. On July 1,
2003, the provisions of this act are hereby re-
13 pealed.
14 Sec. 14. This act
shall take effect and be in force from and after its
15 publication in the Kansas register.
16